Question: I was under the impression that memorials for the deceased on public property were to be removed … and not become permanent cemetery sites. There has been such a memorial for over a year on Meheula Parkway in Mililani, between Hokuahiahi Street and Holanialii Street. I understand the need for the family to grieve, and I didn’t think anything of it for several months. However, a permanent memorial in a public place seems inappropriate. When I called places to inquire about the memorial, I was referred to every agency, department and organization imaginable. No one would take the responsibility to do anything about it. It was always someone else’s responsibility, which was passed on endlessly. Am I mistaken? Are people allowed to set up permanent memorials on a public median strip? I thought we had cemeteries for such permanent displays. Is there a specific rule, law, or ordinance with regard to this issue? If so, who enforces it?
Answer: No, you are not mistaken. Both the city and the state transportation departments have policies that allow roadside memorials under certain conditions, one of which is that the shrines must be removed within 30 calendar days of being erected. If family members of the deceased fail to do so, the city or state is supposed to (depending on which has authority over the road).
In this case, it’s the city. Although we can’t explain why your attempts were rebuffed, we can verify that the correct department is now aware of the problem. The city Department of Transportation Services will submit a work order to the Department of Facility Maintenance to ensure that the shrine is removed within the month, said Mark Garrity, acting DTS director.
It has been in place since July 2015, so it is 15 months past deadline for removal. Besides being up too long, it also includes items deemed hazardous under the city policy, including a beer bottle.
Here are the city’s guidelines, according to a DTS memo dated Sept. 7, 2012:
>> The memorial should be placed as far away from the travel way as possible and will not obstruct pedestrian traffic or shoulder areas. Memorials shall not be larger than 3 feet high by 1 foot deep by 2 feet wide and may consist of photos (no larger than 8.5 by 11 inches), cut flowers, leis and other items that do not create a hazard. Glass objects such as vases and reflective materials are not permitted.
>> The memorial should be removed within 30 calendar days of its installation. If it is not removed within this time period, the city will remove and dispose of the memorial.
>> Installation of the memorial should not cause any damage to the right-of-way, including trees or structures. Elements of the memorial should not be attached to or obstruct the view of signs or traffic control devices.
>> The municipal government will exercise its authority to remove a roadside memorial from the right-of-way at any time when circumstances dictate.
Call the Department of Customer Services at 768-4381 to report illegal memorials on city property, said Andrew Pereira, a city spokesman.
The rules for roadside memorials on state land are similar, according to a policy reaffirmation from the state Department of Transportation on Oct. 3, 2012:
>> The memorial is placed as far away from the travel way as possible, and will not obstruct pedestrian traffic or areas where disabled cars may need to pull off the road.
>> No memorial shall be placed on any of the interstates or freeways, including any onramp or offramp.
>> Memorials may consist of photos (no larger than 8.5 by 11 inches), cut flowers, lei and other items that do not create a hazard. Fresh flowers and lei will be removed after one week.
>> Families will be asked to remove the memorial within 30 calendar days. If the memorial is not removed, the department will remove and dispose of the memorial.
To report illegal memorials on or near state roads on Oahu, call 831-6714, said Shelly Kunishige, a DOT spokeswoman.
Write to “Kokua Line” at Honolulu Star-Advertiser, 7 Waterfront Plaza, Suite 210, 500 Ala Moana Blvd., Honolulu 96813; call 529-4773; fax 529-4750; or email kokualine@staradvertiser.com.